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IRB NOTES

Illinois Racing Board

January 30, 2004

Contact: Mickey Ezzo, Mickey_Ezzo@irb.state.il.us

PROPOSED AMENDMENT

  1. Heading of the Part: Hearings and Enforcement Proceedings

  2. Code Citation: 11 Ill. Adm. Code 204

  3. Section Number: 204.20 Proposed Action: Amend

  4. Statutory Authority: 230 ILCS 5/9(b)

  5. A Complete Description of the Subjects and Issues Involved: : This rulemaking would prohibit the appeal of a decision of the stewards on a disqualification due to a foul or a riding or driving infraction during the running of a race. Several major racing jurisdictions have adopted a similar rule. In addition, the model rules prepared and endorsed by the Association of Racing Commissioners International (ARCI) includes similar language. Given the nature of horse racing, the necessity of immediate decision making, and the fact that the stewards are hired by the Board specifically because of their expertise, decisions pertaining to disqualifications should not be appealable.

  6. Will these proposed amendments replace emergency amendments currently in effect? No.

  7. Does this rulemaking contain an automatic repeal date? No.

  8. Do these proposed amendments contain incorporation by reference? No.

  9. Are there any other proposed amendments pending in this Part? No.

  10. Statement of Statewide Policy Objectives: No local governmental units will be required to increase expenditures.

  11. Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Written comments should be submitted, within 45 days of this notice, to: Mickey Ezzo, Illinois Racing Board, 100 West Randolph, Suite 11-100, Chicago, Illinois 60601, (312) 814-5017.

  12. Initial Regulatory Flexibility Analysis:

    1. Types of small business affected: None
    2. Reporting, bookkeeping or other procedures required for compliance: None
    3. Types of professional skills necessary for compliance: None


  13. Regulatory Agenda which this rulemaking was summarized: This rulemaking was not included on either of the most recent two regulatory agendas because it was not anticipated when they were submitted.

TITLE 11: ALCOHOL, HORSE RACING, AND LOTTERY
SUBTITLE B: HORSE RACING
CHAPTER I: ILLINOIS RACING BOARD
SUBCHAPTER a: GENERAL RULES
 
PART 204
HEARINGS AND ENFORCEMENT PROCEEDINGS
Section
204.10Applicability
204.20Requests for Hearing
204.30Purse Distribution
204.40Appointment and Disqualification
204.50Transcripts
204.60Appearances
204.70Service
204.80Subpoenas
204.90Depositions & Interrogatories
204.100Evidence
204.110Stipulations
204.120Continuances
204.130Closing Arguments
204.140Findings of Fact and Conclusions of Law

AUTHORITY: Authorized by Section 9(b) of the Illinois Horse Racing Act of 1975 [230 ILCS 5/9(b)].

SOURCE: Appeals and Enforcement Proceedings, amended December 30, 1977; codified at 5 Ill. Reg. 10876; amended at 10 Ill. Reg. 3825, effective February 13, 1986; amended at 18 Ill. Reg. 7419, effective April 29, 1994, amended at 22 Ill. Reg. 14494, effective August 1, 1998; amended at 26 Ill. Reg. 10806, effective July 1, 2002; amended at 28 Ill. Reg. ___________; effective ___________.

Section 204.20 Requests for Hearing

  1. As a matter of right, an appeal may be made to the Board from any Any person aggrieved by a final decision, order, or ruling of the stewards, except decisions concerning the order of finish pertaining to a disqualification of a horse due to a foul or a riding or driving infraction. may, as a matter of right, request a Board hearing. Such a hearing shall be a proceeding de novo.
  2. All requests for hearings shall:
    1. be in writing;
    2. contain an address and telephone number where the petitioner may be notified; and
    3. 3) identify the stewards' ruling and state the specific reasons for the request.
  3. Requests for hearing under this Part shall be filed no later than five days after receipt of notice of stewards' ruling, ejection, exclusion or other action of the Board. The Board shall conduct its hearing within seven days after the receipt of such request unless the petitioner or the Board requests a postponement and shows good cause and the petitioner specifically waives the seven day hearing requirement.
  4. Requests for hearing may be filed in person at, or by certified mail addressed to, the Board's office at 100 West Randolph Street, Suite 11-100, Chicago, Illinois 60601. Requests submitted by mail will be deemed timely if postmarked no later than five days after receipt of notice of stewards' ruling, ejection, exclusion or other action of the Board.

(Source: Amended at 28 Ill. Reg. ____________, effective ____________)

 

 

 


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